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Federation of Law Societies of Canada National Committee on Accreditation How to Answer Fact Based Law Exam Questions Types

of Examination Questions There are several types of law exam questions: short answer, essay questions, fa ct based questions, etc. Short answer questions typically require a few sentence s by way of responses and assess recall of information. Essay questions test a c andidates familiarity with and an ability to discuss critically various issues of legal policy. Fact based questions test a candidates ability to identify legal i ssues in a statement of facts, to present a reasoned analysis of the issues and to arrive at a well-supported solution. The following is a brief guide on how to answer fact based law exam questions. Examination Purpose Successfully writing law exams requires not only mastery of the material, but th e ability to demonstrate competence in legal analysis by writing answers that id entify the relevant issues, state the applicable rules of law, and apply those r ules to the facts in order to present cogent analyses of the various issues rais ed by the particular question. Law examinations, therefore, are not primarily de signed to test information retention, memory or experience. Rather, law examinat ions require candidates to demonstrate: Ability to analyze a set of facts, separ ating immaterial from material facts and spotting issues on which the case turns ; Ability to identify legal issues presented by the facts; Knowledge of relevant doctrines of law, their scope and limitations; Ability to apply the law to fact s, utilizing established modes of legal reasoning to arrive at a conclusion; Kno wledge of the theoretical and policy underpinnings of various rules and doctrine s of law; and Ability to critically evaluate the theoretical and policy bases of the law. In addition to knowledge of the material, crucial skills for success i n writing law examinations are: study skills; writing skills; time management sk ills; and reasoning skills. 2010 Federation of Law Societies of Canada. All rights reserved. For personal ed ucational purposes only. This document may not be reproduced or distributed in w hole or in part without the prior written permission of the Federation of Law So cieties of Canada World Exchange Plaza 1810 - 45 O Connor Street Ottawa Ontario Tel: (613) 236-170 0 Fax: (613) 236 - 7233 www.flsc.ca K1P 1A4 Revised: May 2010 FLSC Form 20-05

Federation of Law Societies of Canada National Committee on Accreditation How to Answer Fact Based Law Exam Questions Study Skills The best way to study for a law exam is to synthesize all the material learned. Go over the notes you made while reading, review the chapters in the text, and a ny additional materials you read on each topic. Take all those materials and put them into an outline or summary, in whatever format works best, then use it as the basis for studying. Modify and annotate that outline or summary when studyin g for the exam. As suggested above, identifying and analyzing the issues is crit ical to a successful answer. Practice these skills by completing any review prob lems in your readings, using the NCA sample exam and by writing practice answers . It is not just a matter of knowing the material, but knowing how to identify t he issues and write answers that frame the applicable rules, as well as set fort h an analysis that applies the facts in the questions to the issues and the rule s. The best way to develop these skills is to write as many answers to sample ex am questions as possible. Writing Skills Law examinations have a lot in common with other forms of legal writing such as law office memoranda, briefs and judicial opinions. It is, therefore, important to develop and maintain good writing skills. Note that the examiner is looking n ot only for substantive knowledge of the topic, but how you answer the question as well. The ability to write well, fluently, and under time constraints is esse ntial in order to pass a law exam. At minimum that requires that you write legib ly, clearly and ensure your sentences are grammatically correct. In the event th at you run into time problems, you can write your responses in the form of notes that capture the breadth and core substance of your answer. Time Management Skills Law exams are given under strict time limits to test how well a student has mast ered the course material and the students ability to apply this knowledge to new situations in a time-constrained environment the usual environment in which lega l professionals operate. Have a plan for how to write your exam answer and execu te that plan. Be ruthless in managing the time spent on each question. That mean s that when the time allotted for a question runs out, stop working on that ques tion. Leave some blank lines in your answer pad in case you have time to return to the question at the end of the exam, but move on to the next question. The bi ggest mistake often made is spending too much time on one question (or one aspec t of a single question), which leaves insufficient (or no) time to work on subse quent questions. For fact-based questions, read the question before reading the facts: Pay attention to the role the examiner has assigned you. If you are asked to be an advocate, you will approach answering the question differently than if you are asked to render a judgment or provide legal advice. Ensure you dedicate sufficient time to each fact-based question for analysis/ application of the la w to the facts. Your identification of the applicable law and ultimate conclusio ns carry points, but it is the analysis in between which will determine the bulk of your performance on the exam. Lastly, as mentioned above, should you run int o time problems, write your answers legibly in the form of notes covering all of the relevant points. 2

Federation of Law Societies of Canada National Committee on Accreditation How to Answer Fact Based Law Exam Questions Reasoning Skills A successful law exam answer comes to a conclusion; the correctness of the concl usion matters, but it does not matter as much as the analysis that shows the exa miner an understanding of the issues and how to analyze them. I. Read the questi on and the facts Read the question until you understand it. Consistent feedback NCA receives from examiners indicates that candidates do not answer the specific question(s) asked in exams. Instead, examiners report, that the candidates iden tify the area of law involved and then provide an overview of that area without focusing on answering the question. As the question controls and restricts the s cope of your answer, it is important to answer it, not just list case law and do ctrine. When the scope of the question is broad [for example: Describe the legal issues arising from these facts or please state whether a court is likely to fi nd liability] then your answer can cover a number of issues. On the other hand, if the question is narrow [for example: what kinds of damages are available for breach of contract in this problem] your answer must address only the precise is sue(s) asked. Examiners do not give points for discussing issues that the questi on did not ask you to address. II. Determine and Organize the Relevant Law Read the facts through to see which legal issues are raised. The goal is to find fact (s) that help resolve each of the elements of the legal tests necessary for succ essful answer. Examiners may have seeded the fact statement with specific facts that apply to specific elements of the relevant legal tests. You may get points for every one that you find and apply to legal tests germane to the answer. III. Write the Answer Write the answer following an IRAC roadmap: I Issues identificat ion and separation of the legal issues R Rules description of the governing lega l rules A Application application of the rules to the facts C Conclusion the answ er, and caveat if required For example, consider the trespass tort of false impr isonment (FI). If Bo Bird (BB), a first year law student at Bridge Hammersmith U niversity attempts to leave the library without signing out a book and Jo Jones (JJ), after several attempts at talking to BB, engages internal and external doo r locks, trapping BB inside a small entry chamber for a few minutes, would BBs su it against JJ for FI be successful? In such a case you would have to outline the legal issues and elements the facts raise and, as each element has its own rule s, you would analyze each one following the IRAC format. Use IRAC only for the l owest analytically independent elements and/or legal tests in the discussion. 3

Federation of Law Societies of Canada National Committee on Accreditation How to Answer Fact Based Law Exam Questions Whenever a larger issue breaks down into sub-issues or elements use a roadmap sent ence that explains how you intend to address the various issues. Thus, the first (roadmap) sentence of your answer to the foregoing question might be: To resolve this question, two issues must be addressed: (1) whether a false imprisonment h as occurred and (2) whether any defences apply to excuse any such false imprison ment. Readers like this type of roadmap sentence because it clarifies the approac h you will take to resolving the overall question. If you, instead, simply began by analyzing the tort of false imprisonment, the reader would not know that you subsequently intend to address the issue of applicable defences. It may also be useful to add a second roadmap sentence to indicate how you intend to break dow n analysis of the first issue identified in your first roadmap sentence. For exa mple, in this case, a second roadmap sentence might indicate how you intend to s tructure your discussion of the false imprisonment issue, as follows: To determin e whether JJ is liable for false imprisonment we must examine (1) whether BB was totally confined (2) as a direct result of JJs actions. If time is very short you may skip the roadmap sentences, but otherwise they are useful for making your d iscussion look professional and organized to the reader, and also for helping or ganize your own approach to writing your answer. When proceeding with your analy sis following the IRAC format, your discussion must be written out fully: In oth er words, you must assume that the reader knows nothing about the law or facts. An examiner cannot give you credit for parts of a legal analysis that you do not set out explicitly in your written answers, and it is not appropriate for you t o omit steps in the analysis on the basis that the examiner must know the law an d facts and therefore does not need to have them explained to them. So, lay out your discussion completely so the reader can follow every step of your analysis and every application of the law to the facts in reaching your conclusions. The I, or issues in the IRAC is very simple; for example, it could state: The first i ssue in false imprisonment is whether BB was totally confined. The R or rules, is where you show the reader that you know the rules that govern the discussion. Y ou should state all of them that are relevant to that particular issue or elemen t. Thus, in our example, you could say: BB is totally confined if, for however br ief a period, there is a definite physical boundary beyond which he is physicall y prevented from moving; or he is physically forced to move in a specific direct ion; or, in the absence of any such physical restraint, a reasonable person in t he same circumstances would perceive that they had no choice but to remain where they were or move in a particular direction. BB must also show that there were no reasonably available means of escape (i.e. means of escape that would not req uire the commission of a criminal act and would not pose a risk of physical inju ry to BB). 4

Federation of Law Societies of Canada National Committee on Accreditation How to Answer Fact Based Law Exam Questions The A, or application, should be a full, complete, and express comparison of the facts to the legal standards or elements identified in the R part of the analys is. Express comparison means that you must state the specific facts that support ( or undermine) satisfaction of each legal element, and explain why they support ( or undermine) satisfaction of each legal element. If, during your legal educatio n, you have received a comment on your work that your answers presented insuffic ient analysis, this factor (express factual comparisons) is likely what you did not perform well enough. Use as many facts as you can find to support a particul ar analysis, but do not write any sentences containing just fact. Examiners wrot e the facts - do not simply parrot them back in your exam. Rather, use them expl ain how or why they are relevant. Do not skip any of the sub-issues/legal tests as being too trivial to mention; if you do, examiners may conclude that you miss ed the issue. For example, if the issue is total confinement, you would say that no minimum time of confinement is required, so the fact that BB was confined fo r only a few minutes does not defeat his action in false imprisonment. When alte rnate legal tests exist, analyze each briefly. Thus, you could say that BBs total confinement might be shown from the fact that JJ repeatedly asked BB to stop an d that, given JJs apparent position of authority, BB may therefore reasonably hav e believed that he had no choice but to comply. You could then go on to say that , even if the facts do not clearly show that BB was psychologically confined in th is way, he was nevertheless totally surrounded by a complete physical barrier wh en he was caught between the locked doors, which would amount to complete confin ement in any event. The C, or conclusion, in the IRAC is usually a very short, o ne sentence statement setting out your conclusion. It does not summarize the rea sons you just gave, but rather simply provides a brief statement of the position you take based on your analysis above. After each such analysis, simply move on to the I step in the next issue to be analyzed. Your earlier roadmap sentence(s ) should have told the reader the number of such analyses to expect. This four-s tep form for answering questions can be used as a template for answering any fac t-based questions on any subject in a law examination. Good luck on your exams! 5

Revised: May 2010 FLSC Form 20-05 World Exchange Plaza 1810 - 45 O Connor Street Ottawa Ontario Tel: (613) 236-170 0 Fax: (613) 236 - 7233 www.flsc.ca K1P 1A4

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